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2023 Supreme(P&H) 901

GURBIR SINGH
Gurmukh Singh – Appellant
Versus
Sulakhan Singh – Respondent


Advocates appeared:
Mr. Amit Arora, Advocate, for the petitioner.
Mr. H.S. Batth, Advocate, for the respondents.

GURBIR SINGH, J.

1. Challenge in this revision petition filed under Article 227 of the Constitution of India read with Section 151 CPC is for setting aside the order dated 05.08.2016 (Annexure P-5) passed by learned District Judge, Tarn Taran, whereby the application moved by the respondents No.1 and 2-plaintiffs under Order 41 Rule 27 CPC to lead additional evidence has been allowed.

2. The brief facts, as culled out from the petition, are that respondents No.1 and 2-plaintiffs filed a suit for declaration to the effect that they are owners in possession of the suit land, as mentioned in the headnote of the plaint, and for permanent injunction. Petitioner-defendant No.1 contested the suit, filed written statement. Defendant No.2-proforma respondent No.3 was proceeded against ex-parte. On the basis of pleadings of parties, issues were framed. Vide judgment and decree dated 12.11.2014, learned trial Court dismissed the suit. The plaintiffs filed appeal and also moved an application under Order 41 Rule 27 read with Section 151 CPC for leading additional evidence. The learned appellate Court allowed that application vide order dated 05.08.2016 and the respondents-plaintiffs were allowed

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